Mandarino gets probation, avoids jail

The notion of a prison sentence for ex-Streamwood police officer James Mandarino brought tears to his wife's face Tuesday morning in a Cook County courtroom.

Sophie Mandarino needed a handkerchief, but Judge Thomas P. Fecarotta later spared her husband from time behind bars and sentenced the former police corporal to 30 months' probation and 150 hours community service for beating a motorist during a March 2010 traffic stop.

Fecarotta said he wanted to minimize any further harm caused by Mandarino's actions, calling any prospective prison time “more about revenge and less about justice.”

The judge noted Mandarino's spotless record during his 15 1/2 years of service before last year's traffic stop. He said he needed to consider Mandarino's entire career, which ended when Streamwood fired him in June 2010.

“What kind of a judge would I be if I didn't?” Fecarotta asked.

Mandarino was thankful for the judge's decision.

“This situation doesn't define me as a man, as a father, as a husband,” he told reporters after sentencing. “I'm going to keep pushing forward, and I just appreciate all the support and I appreciate the judge offering me probation, and I'm going to take it very seriously.”

Fecarotta found the 42-year-old Mandarino guilty March 23 of aggravated battery and official misconduct charges stemming from the beating. On Tuesday, he said police officers and public officials should be held to a higher standard compared with the general public.

At his trial, Mandarino said he suspected drunken driving when he pulled over the then-28-year-old Ronald Bell and a passenger outside Bell's Streamwood home. Mandarino claimed they ignored his commands to lie flat on the ground and, because he was outnumbered, he feared for his life.

The dashboard video camera inside Mandarino's squad car recorded the officer striking Bell 15 times in the arm and head with a collapsible metal baton as the driver knelt with his hands over his head. Mandarino also used a Taser twice on passenger Nolan Stalbaum, 38, of Glendale Heights.

Neither victim appeared in court Tuesday. Bell's sister-in-law Sheila Bell sat in the audience by herself and left without comment.

But Assistant Cook County State's Attorney Virginia Bigane read a victim-impact statement written by Bell, who suffered a concussion and cut to his right ear requiring seven stitches in the beating.

“To this day I continue to experience physical problems related to the attack as well as depression, anger and fear for myself and my family knowing that I am not safe in my community,” Bell wrote. “I cannot trust police officers in my community to protect me and my family.”

Prosecutors requested a three-year prison sentence, as Bigane said incarceration was necessary because of the seriousness of the crimes and to set an example. Mandarino's lead counsel, Rick Beuke, called prosecutors “intellectually dishonest” in asking for a prison sentence given the former officer's strong character.

Mandarino also addressed the court, telling Fecarotta he regrets the pain and suffering he “may have caused” Bell and Stalbaum. He pleaded for probation, saying he needs to support his family financially and emotionally.

“I regret that night ever occurred,” Mandarino said.

Fecarotta showed sympathy, noting that Mandarino's Elgin home has gone through foreclosure. The former officer lost his job as a security officer after being found guilty, and the conviction will keep him from receiving his police pension. As of a month ago, Mandarino was working as a steelworker to support his three children and wife, defense attorney Ed Wanderling added.

Defense attorneys also submitted a sentencing memo with more than 80 letters of support, which swayed Fecarotta.

“In all my years as a judge, I haven't seen a more honest, straightforward and pure litigation memorandum than what was submitted in this case,” he said.

Mandarino's attorneys said they'll appeal the conviction. Earlier in the day, Fecarotta denied their requests for a new trial.

A civil suit filed against Streamwood by Bell, his brother Stacey Bell, Stalbaum and Sheila Bell could go to to trial this summer. During Mandarino's criminal trial, Ronald Bell said they had rejected a $250,000 settlement offer.

Streamwood Deputy Police Chief James Gremo, who attended each of Mandarino's court proceedings, declined to comment Tuesday.